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IMPACT – MEDIUM
What is the change? The issuance of a new Z visa or residence visa does not automatically void a previously issued valid 10-year business (M), tourist (L) or study (F) visa.
What does the change mean? Foreign travelers can continue to enter China with existing 10-year business, tourist or study visas, depending on the purpose of their visit, even if a new Z visa or residence permit was issued.
Background: The Public Security Bureau and border security officials in China have verbally confirmed that a new Z visa or residence visa will no longer invalidate an existing 10-year L, M or F visa and a foreign national holding both visas may enter China with either visa, depending on the purpose of that trip.
Previously, Chinese officials treated a new visa as automatically canceling an existing visa even without a void stamp.
BAL Analysis: The policy represents a change in practice that provides more flexibility to foreign employees; however, employees are still bound by the terms of the visa and should enter using the visa that is appropriate for the purpose of each trip.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – HIGH
What is the change? China has suddenly added a new application requirement for Chinese business visas filed in the U.K.
What does the change mean? All business visa applications must include copies of identification of the host in China who signed the Chinese invitation letter. The type of ID varies depending on the nationality of the host.
Background: The Chinese Visa Application Service Centre in the U.K. imposed the new requirement without notice March 27.
Business travelers were already required to obtain invitation letters from hosts in China. Under the new rules, all business visa applications must now include proof of identity of the host in China who is inviting the business traveler. If the invitation letter was signed by a Chinese national, a copy of his or her ID card must be included in the business visa application. If the host is not a Chinese national, a photocopy of his or her passport photo page and Chinese residency is now required as part of the business visitor’s visa application.
The name and signature on the ID must match those on the letter of invitation.
BAL Analysis: Those planning business travel should plan to request the ID of their host in China to avoid delays in their visa applications.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
What is the change? China began issuing 10-year, multiple-entry visas to Canadian business travelers and tourists this week.
What does the change mean? The arrangement significantly improves visa procedures for Canadians who frequently travel to China.
Background: Canada began issuing 10-year visas to Chinese travelers in 2011. The issuance of 10-year, multiple-entry visas to Canadians is a significant improvement to the visa procedures for Canadians traveling to China. Previously, business and tourist travelers were eligible for multiple-entry visas for up to five years. While the change reduces red tape, it does not affect the permitted length of stay. Business travelers, for example, are permitted to remain in China for up to 90 days, the same time they were allowed before the change to the 10-year visa scheme.
BAL Analysis: The change will facilitate business travel and reduce the inconvenience of having to apply for a visa more frequently.
This alert has been provided by the BAL Global Practice group and our network provider located in Canada. For additional information, please contact your BAL attorney.
What is the change? China will welcome the Year of the Goat and observe a national holiday Feb. 18-24.
What does the change mean? Applicants should expect delays during and immediately following the holiday closures.
Background: The first day of the Chinese lunar year is Feb. 19. China observes a full week of festivities, beginning new year’s eve. Taiwan will close for six days, Feb. 18 -23, and other Asian countries will observe shorter public holiday periods on Feb. 19-20.
BAL Analysis: Employers should anticipate office closures and are encouraged to file time-sensitive applications before the holiday break to avoid delays.
What is the change? Employees working for select foreign enterprises in the city of Beijing can now obtain three-year work permits.
What does the change mean? Employees who qualify will no longer need to apply annually to renew their work permits.
Background: Beginning Dec. 25, 2014, authorities began issuing three-year work permits to employees at select foreign enterprises in Beijing. Before the change, the work permits were only valid for one year. The three-year work permits are available to employees working for wholly foreign-owned enterprises, branch offices of foreign companies and ventures or cooperatives between Chinese and non-Chinese companies in Beijing.
Documentation requirements are fairly stringent. In order to obtain a three-year work permit, an application must include an original contract, original passport and original business license (or business registration certificate). All supporting documents must have a validity period of at least three years, otherwise a three-year work permit will not be issued.
For now, there is no corresponding residence program. This means that even applicants who qualify for a three-year work permit can only obtain one-year residence visas, which must be renewed annually.
BAL Analysis: The new program makes it easier for foreign enterprises in Beijing to recruit and retain foreign employees because those employees can now obtain permits to work for three years rather than one. While there is no corresponding residence program, the new work permit system is nonetheless a boon for foreign enterprises covered by the program.
IMPACT – MEDIUM What is the change? China has issued new rules for Short-Term Work Visas (Z Visas) for assignments lasting 90 days or less.
What does the change mean? While some will have to obtain the new visas, most business travelers will continue to be able to complete short-term work projects on M or F visas.
Background: In late 2014, authorities released a trial implementation regulation for a new Short-Term Work Visas application to solicit feedback from the public and immigration industry agents. New rules now make it clear which travelers will be required to obtain a Short-Term Work Visa and which can continue using their M or F visas.
Short-Term Work Visas will be required to attend athletic try-outs or auditions; shoot video or film, including commercials and documentaries; carry out fashion shows, including car shows and advertising photo shoots; participate in foreign commercial shows; or to accomplish technology, scientific research, management and supervision, etc. for cooperating parties in China.
Short-Term Work Visas will not be required for short-term work activities such as maintenance, installation and disassembly; supervising or inspecting a bid-winning project; completing work at company branches, subsidiaries or representative offices; or entering China for unpaid volunteer work or where volunteers are paid by an overseas institution.
Short-Term Work Visas may be able to be transferred into long-term work permits and residence permits so long as employment authorization requirements are met. It is important to note that the guidelines on Short-Term Work Visas only apply to foreigners who stay in China for 90 days or less in a calendar year. Those who stay longer must follow traditional work permit application processes.
BAL Analysis: Immigration authorities in China are still finalizing the implementation of the Short-Term Work Visa program, and the program is subject to change. For now, however, it is good news that most business travelers can continue to use M or F visas for short-term work projects in China. Requiring Short-Term Work Visas for athletes, artists, models and some others does mean it will take longer for certain people on short-term assignments to get the proper visa. However, most will not be affected by the change. BAL Shanghai will continue to closely monitor the new program and will provide additional information on the new program as needed.
What is the change? Chinese authorities will clarify regulations regarding activities permitted by foreign nationals in China on M and F visas for fewer than 90 days.
What does the change mean? Foreigners entering China to stay for no longer than 90 days for specific activities may need to apply for a short-term Z visa and Work Permit.
Background: The authorities released a trial implementation regulation for a new short-term work visa application to solicit feedback from the public and immigration industry agents. A final version will be implemented Jan. 1. China’s related local authorities in different locations are currently in discussions and will advise further on application procedures for foreigners who fall under the short-term work permit category.
BAL Analysis: Under current regulations, the permitted activities of M visa and F visa travelers are not specified and have long been a controversial issue. The new regulation intends to classify foreigners’ activities for stays of no longer than 90 days into two categories: 1) M or F visa travelers and 2) short-term travelers performing specific work activities. BAL Shanghai is closely monitoring the discussions with local authorities and will provide confirmed information on the new regulations as soon as possible.
IMPACT – LOW
What is the change? Australia and China have completed negotiations for a China-Australia Free Trade Agreement.
What does the change mean? Although the “CHAFTA” will take some time to undergo domestic debate and legal approval, the trade agreement will provide greater access for nationals of each country for intracompany transfers, providers of contractual services, business visitors, and visas for investment projects.
Background: On 17 November, the two countries signed a declaration of intent at Parliament House in Canberra, Australia, concluding negotiations and formalising their objectives to move forward to implement the agreement.
The agreement, nicknamed CHAFTA, will generally reduce barriers to workers moving between the two countries, increase investment and trade and facilitate temporary entry procedures. According to a fact sheet provided by the Australian Government, each side has made the following provisions.
China will provide guaranteed access to Australian citizens and permanent residents in the following categories:
Australia will provide guaranteed access to Chinese citizens for the following categories:
The agreement also calls for expedited processing and transparency of the visa application requirements and procedures, and streamline licensing and skills recognition of workers.
A memorandum of understanding on Investment Facilitation Agreements will allow Chinese-owned companies to negotiate more flexible labour requirements for overseas workers for infrastructure projects of more than A$150 million. They will be negotiated on a case-by-case basis consistent with Australia’s 457 visa system.
BAL Analysis: The agreement will not take effect for some time, as each country must introduce legislation to implement it. In its current form, it represents liberalization of barriers across many categories of workers, business visitors and investors.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 9683856
What is the change? The Chinese Embassy in the U.S. has announced that as of Nov. 11 it is accepting applications for extended-validity visas agreed to in the recent reciprocal visa deal between the two countries.
What does the change mean? American citizens may now apply for certain business and tourist visas that are valid for 10 years and student visas that are valid for five years.
Background: President Barack Obama announced the two-way visa deal Monday at the Asia-Pacific Economic Cooperation summit in Beijing. The agreement provides that each country will extend the validity of visas for business travelers and tourists to 10 years and visas for students and exchange visitors to five years. Currently, those visas are generally valid for one year and require annual renewals.
The U.S. State Department announced that the new extended visas would be available to Chinese applicants beginning Nov. 12. The Chinese Embassy in the U.S. announced that as of Nov. 11 it would accept 10-year multiple entry visa applications for tourist, business, short-term visits to relatives and private matters and five-year multiple entry visa applications for study purposes. The eligibility and requirements remain the same as before, and the applicant’s passport should be valid for at least one year.
BAL Analysis: Both countries have moved quickly to implement the visa arrangement. The longer validity period removes a significant inconvenience by allowing business travelers, tourists and students to make multiple trips on the same visa over an extended period of time.
President Barack Obama announced Monday that the U.S. has reached a reciprocal agreement with China to ease visas for business visitors, tourists and students.
Obama revealed the visa deal in a speech at the Asia-Pacific Economic Cooperation summit in Beijing.
“I’m very pleased to announce that during my visit the United States and China have agreed to implement a new arrangement for visas that will benefit everyone from students to tourists to businesses large and small,” the President said.
Under the agreement, business visitors and tourist visas between the two countries will be good for 10 years and student and exchange visas will be extended to five years. Currently, visas are valid for one year.
Obama touted the deal as a benefit to business visitors “going back and forth all the time,” as well as a boost to jobs, trade, investment and tourism, noting that last year 1.8 million Chinese visitors to the U.S. contributed $21 billion to the American economy and supported more than 100,000 jobs.
“I’ve heard from American business leaders about how valuable this step will be,” Obama said. “And we’ve worked hard to achieve this outcome because it clearly serves the mutual interest of both of our countries.”
BAL Analysis: The arrangement will significantly improve visa procedures and facilitate travel between the two countries by eliminating the need for annual renewals for frequent travelers.